Common use of Termination due to Clause in Contracts

Termination due to. ACTS OR EVENTS CONTROLLED BY DEALER, ITS OWNER(S) OR MANAGER(S) Each of the following represents an act or event that is within the control of or originates from action taken by Dealer or its Owner(s) or Manager(s) and over which Distributor has no control, but which, when contrary to the spirit, nature, purpose or objectives of this Agreement, warrant its termination: (a) Any misrepresentation to Distributor by Dealer or by its Owner(s) or Executive Manager in applying for this Agreement or any misrepresentation to Distributor by Dealer or any such person as to the persons who are or will be Owner(s) or Manager(s) of Dealer. (b) Any attempted sale, transfer or assignment by Dealer of this Agreement or any of the rights or privileges granted Dealer by this Agreement; or any attempted transfer, assignment or delegation by Dealer of any of the responsibilities assumed by Dealer under this Agreement, without in either case the prior written consent of Distributor, which consent shall not be unreasonably withheld. (c) Any sale, transfer, relinquishment, voluntary or involuntary, by operation of law or otherwise, of any ownership interest in Dealer without the prior written consent of Distributor, which consent shall not be unreasonably withheld. (d) Any change of the Dealer's Executive Manager without the prior written consent of Distributor, which consent shall not be unreasonably withheld. (e) Any attempt by Dealer to conduct, either directly or indirectly, any of the dealership operations contemplated by this Agreement at any facilities other than the Dealership Facilities. (f) Any sale or other transfer, by operation of law or otherwise, to any third party or parties, or any relinquishment or discontinuance of use by Dealer, of any of the Dealership Facilities or other principal assets that are employed and required by Dealer in the conduct of the dealership operations without the prior written consent of Distributor, which consent shall not be unreasonably withheld. (g) Any dispute, disagreement, or controversy between or among the Owner(s) or Executive Manager (or, if Dealer is a corporation, its directors or officers) of Dealer relating to the ownership or management of Dealer or to its dealership operations which, in the opinion of Distributor, may adversely affect the dealership operations or the interest of Dealer or Distributor.

Appears in 2 contracts

Sources: Dealer Sales and Service Agreement (Firstamerica Automotive Inc /De/), Dealer Sales and Service Agreement (Lithia Motors Inc)